[HISTORY: Adopted by the Town Board of the Town of Lewiston 5-13-1996 by L.L. No.
2-1996 (Ch. 19E of the 1965 Code); amended in its
entirety 10-22-2012 by L.L. No. 1-2012. Subsequent amendments noted where
applicable.]

Any property currently or hereinafter zoned for any classification
of business or commercial zoning according to the Zoning Map of the
Town of Lewiston[1] or any facility or property used for activities involving
the furnishing or handling of goods or services, including but not
limited to:

Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
and sewer facilities and public transportation, removing fallen trees
on public rights-of-way and abating life-threatening conditions.

Any facility or property used for activities involving the
production, fabrication, packaging, storage, warehousing, shipping
or distribution of goods, including any property currently or hereinafter
zoned for any classification of industrial zoning according to the
Zoning Map of the Town of Lewiston.[2]

Any radio or apparatus or any device or apparatus for the
amplification of sounds from any radio, phonograph or other sound-making
or sound-producing device or any device or apparatus for the reproduction
or amplification of the human voice or other sounds.

Sound device or apparatus: operating, playing or permitting the operation or playing of any sound device or apparatus as defined in § 236-1 in such a manner as to create a noise disturbance; the operation of any such device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be audible at a distance of 50 feet from the building, structure, vehicle or area in which it is located.

Commercial music: music originating from or in connection with the
operation of any commercial facility, establishment or enterprise
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as
to be audible across a real property line. That such sound is audible
and its source determinable at such real property line by anyone empowered
to enforce this chapter shall be sufficient to establish that a violation
of this section has been committed.

Animal and birds: owning, possessing or harboring any animal or bird
that frequently or for continued duration makes sounds that create
a noise disturbance across a residential real property line. For the
purpose of this section, a "noise disturbance from an animal or bird"
shall be defined as the making of any sound which is audible across
a real property line for 15 minutes in any one-hour interval.

Motor vehicle repairs and testing: repairing, rebuilding, modifying
or testing any motor or engine in such a manner as to create a noise
disturbance across a residential area property line between the hours
of 6:00 p.m. and 7:00 a.m., Monday through Saturday or at any time
on Sunday.

Construction: operating or permitting the operation of any tools
or equipment used in construction, drilling, earthmoving, excavating
or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the
following day on weekdays or at any time on weekends or legal holidays,
except for:

Standing motor vehicles: operating or permitting the operation of
any motor vehicle with a gross vehicle weight rating (GVWR) in excess
of 10,000 pounds or any auxiliary equipment attached to such a vehicle
for a period longer than five minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion on a public
right-of-way or public space or for emergency purposes, within 150
feet of a residential area between the hours of 10:00 p.m. and 8:00
a.m. the following day.

It shall be unlawful for any person to use or operate or cause to
be used or operated any sound device or apparatus in, on, near or
adjacent to any public street, park or place for commercial or business
advertising purposes.

It shall be unlawful for any person to operate or drive or to employ,
procure or induce another to operate, drive, lend, lease or donate
any automobile, truck or other type of vehicle or to operate or aviate
or procure or induce another to operate, aviate, lend, lease or donate
any airplane or other type of flying device or commercial or business
advertising by means of any sound device or apparatus in violation
of this chapter.

The use of the name of any person or of any proprietor, vendor or
exhibitor or the use of any trade business or corporate name in connection
with such commercial or business advertising shall be presumptive
evidence that such advertising was conducted by reasons of employment,
procurement or induction on the part of said person, proprietor, vendor
or exhibitor or the person or persons represented by said trade, business
or corporate name.

The sound created by any parade, fair, sporting event, entertainment
or other event sponsored by any public organization or private school,
provided that such event shall take place between the hours of 7:00
a.m. and 11:00 p.m.

The sound emanating from any tractors, trucks, combines or any other
machinery used for agricultural purposes while planting, harvesting
or tending to crops being grown on land zoned for such agricultural
purposes.

The noise from domestic power tools, lawn mowers and agricultural
equipment, when operated with a muffler, between the hours of 8:00
a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
and legal holidays.

The noise from a burglar alarm of any building or motor vehicle,
provided that such burglar alarm shall terminate its operation within
15 minutes after it has been activated and shall not operate more
than 15 minutes in any one-hour period.

Any person who shall violate any of the provisions of this chapter
shall be guilty of an offense, and such violations shall be punishable
by a fine of not less than $100 for the first offense, not less than
$200 for the second offense and not less than $500 for the third and
subsequent offenses or imprisonment of not more than 15 days, or both.